Commentary

D. Meaning and liability of an 'NHS employer'

Division CIII Whistleblowing
| Commentary

D. Meaning and liability of an 'NHS employer'

| Commentary

D.     Meaning and liability of an 'NHS employer'

'NHS employer' means an NHS public body prescribed by regulations (ERA 1996 s 49B(6)). In a rather circular manner, reg 2 then prescribes those bodies set out in s 49B(7)(a)–(p) as NHS public bodies – see Q [673.02].

If a body qualifies as an NHS employer, then it can be liable for any discrimination by it against an applicant which is made unlawful by the Regulations in the normal way. However, this liability is potentially widened by statutory vicarious liability in reg 9. This provides that

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